Duvall v. State

In August, 1923, the grand jury of Lucas county returned an indictment against the plaintiff in error, defendant in the court below, charging that on the 1st day of March, 1923, he unlawfully and forcibly mad© an assault upon one John C. Herbruek, and robbed him of certain money of the amount and value of $50.

*472To this indictment the defendant filed a plea of former acquittal and res judicata. He alleged, in substance, that the grand jury of Lucas county had theretofore returned an indictment against him charging him with murder in the first degree, in that he killed John O. Herbruck while…